Maine Revised Statutes Title 28-A Sec. 458 – Renewal of agency liquor store license; selection of alternate licensee
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1. Application by store. The holder of an agency liquor store license shall apply annually to the bureau for renewal of that license. An application for renewal must be submitted on a form prepared by the bureau.
[PL 1997, c. 373, §50 (AMD).]
Terms Used In Maine Revised Statutes Title 28-A Sec. 458
- Agency liquor store: means a person that is licensed by the bureau to sell spirits, wine and malt liquor to be consumed off the premises. See Maine Revised Statutes Title 28-A Sec. 2
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Bureau: means the Department of Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations. See Maine Revised Statutes Title 28-A Sec. 2
- Commission: means the State Liquor and Lottery Commission established in Title 5, section 12004?G, subsection 14. See Maine Revised Statutes Title 28-A Sec. 2
- Licensee: includes , but is not limited to, agency liquor stores and certificate of approval holders. See Maine Revised Statutes Title 28-A Sec. 2
- Liquor: means spirits, wine, malt liquor or hard cider, or any substance containing liquor, intended for human consumption, that contains more than 1/2 of 1% of alcohol by volume. See Maine Revised Statutes Title 28-A Sec. 2
- Minor: means a person who has not reached the age of 21 years. See Maine Revised Statutes Title 28-A Sec. 2
- Person: means an individual, partnership, corporation, firm, association or other legal entity. See Maine Revised Statutes Title 28-A Sec. 2
- Premises: includes the place where an incorporated civic organization sells or serves spirits, wine and malt liquor under a license obtained under section 1071. See Maine Revised Statutes Title 28-A Sec. 2
- Spirits: means any liquor produced by distillation or, if produced by any other process, strengthened or fortified by the addition of spirits of any kind. See Maine Revised Statutes Title 28-A Sec. 2
2. Review by bureau. In reviewing applications for renewal submitted under subsection 1, the bureau shall consider the following criteria:
A. The applicant’s sales and inventory of spirits; [PL 2021, c. 658, §73 (AMD).]
B. The applicant’s sales and inventory of groceries and related items; [PL 1991, c. 782, §1 (NEW).]
C. Any changes in the interior selling location of the premises or renovations to the applicant’s licensed premises; [PL 1999, c. 34, §1 (AMD).]
D. Any customer complaints of poor service against the applicant’s store; [PL 1991, c. 782, §1 (NEW).]
E. Any violations of liquor laws by the applicant; and [PL 1991, c. 782, §1 (NEW).]
F. Records of any bad checks rendered to the commission or bureau. [PL 1997, c. 373, §50 (AMD).]
[PL 2021, c. 658, §73 (AMD).]
2-A. Review exemptions. Notwithstanding subsection 2, paragraph C, when considering an application for the renewal of an agency liquor store license, the bureau may not consider minor changes to the placement of spirits inventory if the changes are not for the purposes of marketing beyond those provided in law or rule or for increasing access by minors but are to address some other spirits placement issue that is within the scope of the person‘s license.
[PL 2021, c. 658, §74 (AMD).]
3. Rejection of application; selection of alternate licensee. If the bureau denies an application for renewal of an agency liquor store license, the bureau may select an alternate licensee in accordance with the criteria set forth in sections 453 and 453?A. If the alternate licensee held an agency liquor store license in the past, the bureau may consider any of the applicable criteria set forth in subsection 2 in considering whether to license the alternate agency liquor store.
[PL 2021, c. 658, §75 (AMD).]
4. Purchase of store merchandise by State. If the bureau does not renew the agency liquor store license, the bureau shall purchase from the agency liquor store all resalable spirits held in inventory by the agency liquor store. The purchase price is the cost at which that agency liquor store purchased the spirits from the bureau, minus 10% of that cost.
[PL 1997, c. 373, §50 (AMD); PL 2013, c. 368, Pt. V, §61 (REV).]
5. Aggrieved applicant. Any agency liquor store licensee aggrieved by a decision of the bureau not to renew an agency liquor store license may appeal the decision by filing an appeal with the District Court and serving a copy of the appeal on the bureau in accordance with the Maine Rules of Civil Procedure, Rule 80C. The appeal must be filed and served within 30 days of notification of the agency liquor store licensee by the bureau that the license will not be renewed.
[PL 2001, c. 471, Pt. D, §27 (AMD).]
SECTION HISTORY
PL 1991, c. 782, §1 (NEW). PL 1997, c. 373, §50 (AMD). PL 1999, c. 34, §§1,2 (AMD). PL 1999, c. 547, §B78 (AMD). PL 1999, c. 547, §B80 (AFF). PL 2001, c. 471, §D27 (AMD). PL 2013, c. 368, Pt. V, §61 (REV). PL 2021, c. 658, §§73-75 (AMD).